fire because they can say, hey, i work for the state, i work for the city, the government, you low volume today. most of the city is emptying owe me overtime. >> there's labor laws in place. out. not us. we'll be back tonight for the federal labor laws and state fox report, 7:00 eastern. labor laws so you have to be cautious. that's why the u.s. magistrate is saying, i'm going to look into this further. captioned by closed captioning services inc. but it does cause major problem, >> a massive winter storm because all of news the bringing blizzard cards to the technology world are doing this. northeast and creating a travel the question is, is it within nightmare across the country. our description? some of us are working harder -- i'm in for neil cavuto. >> here's what is going to this is your world, and fox on happen. if your point of view is top of a blizzard about to hit taken -- the courts are -- i'm and hitting across the east not dismissing it option summary coast. folks bracing up to three feet of snow. the heaviest snowfall expected judgment. lawyers bill in six-minute increments so if you're in the shower and thinking about the tonight with wind gusts up to 70 client or getting dressed, you million as an albert could from bill for those in six-minute canada comes in. incremed. all that time you're billing. so now we have -- folks stocking up on food, salt, >> how do you quantify it? and gasoline. long lines and shortages reported, and get this. and can -- first time i if heard this. >> lawyers do it, accountants,

bank of america is warning particular individuals. people to stock up on cash. >> everyone knows that when the air travelers getting slammed. lawyers send you a bill, it's not really the bill. nearly 4300 flights cancelled >> we bill minutes. throughs -- through saturday. >> a lawyer defense? >> i'm not -- you brought it up. amtrak curtailing some service >> good topic for discussion. due to the storm and in the we have to leave it there. massachusetts, the governor instituting a traffic ban. especially tonight over the din as of this hour no vehicles are table when the phone starts allowed on the roads. running. have not seen that since the the blizzard may be slamming the northeast right now but its effects are being felled far and blizzard or 1978. rick is in the fox weather center, and christine at new wide. flight cancellations are mounting. york airport how travelers are we have the fresh numbers coming in. dealing with it, and molly in stay right here. boston where they're bracing for he rest of it. let's go to rick. this is for real this time. what's the latest? step seven point two one two. this thing is feet of snow. >> i'm going to start off with rify and lock. command is locked. one good piece of news. on monday everybody is going to five seconds. be above 40 degrees. three, two, one. so not here blow -- horribly standing by for capture. cold for a long time after the the most innovative software on the planet... storm. this is the nor'easter. dragon is captured. is connecting today's leading companies to places beyond it.

now down off the shore of long island. this is that clipper you were siemens. answers. just mentioned, and when that system gets sucked into this but, dad, you've got... [ voice of dennis ] allstate. system, that transition will be with accident forgiveness, they guarantee your rates won't go up complete, then the storm is just because of an accident. smart kid. going explode ask we'll see [ voice of dennis ] indeed. are you in good hands? rapid strengthening and the snowfall rates will quickly increase. so that's what we're talking about. all these blizzard warnings here, everyone prom the coast of maine, through new york city and long island. massive snowfall totals with the storm. the worstes going to be right around the boston area, especially just inland. once you gut tornadoes the worcester hills. the elevation, 1,000 feet and that's going to increase the snowfall amounts dramatically. very, very tight right in the new york city. we have been struggling with the forecast for new york city. we have been talking about it a lot. it's the one spot we have not been able to get a good handle on the forecast because to rain and snow line -- you see rain, you see snow, and that line has

been vacillating between the two, and you can't really forecast with that kind of specificity, within 20 miles or so. so we have been seeing reason most hoff the day but now it's going to remain all snow. so now we'll start to see it accumulating. however we're not going to be seeing the strengthening of the snow until 8:00 or 9:00 tonight, and very heavy until 5:00 tomorrow morning. still dealing with this across much of new england, though. it will be out of there by 2:00 or 3:00 tomorrow afternoon. at the airport tomorrow, in problems as well. >> a busy season at the fox weather center. thousands of flights already cancelled across the country. hardest hit, new york liberty airport in new jersey. that's where you'll fine the wwor reporter. what's the latest? >> it's a ghost town here at new york liberty airport. there are usually a ton of people here tonight. none. and we haven't been hit by the

brunt of the storm. that is expected tonight. .3700 -- more than 3700 flights have been cancelled across the country, and here at the three major airports in new jersey and new york, many of the u.s. airlines decided to cut off departures by 5:00 tomorrow and not to resume until after noon tomorrow, and if we did go inside earlier today and there are no lines. there are no lines for checkin there are no lines for security, and the reason is, when we check the board, the monitors for departures and arrives, everything was cancelled. most everything was cancelled. we found some people waiting in here. one guy from france said his flight was cancelled. tonight he has to wait until tomorrow to get a flight and doesn't know what he is going do he has to try to get a hotel to, otherwise he is staying here. we did find some people that had a flight at 6:30. their airline called them and >> traffic slow-moving in new changed the flight to earlier. york, people scrambling for gas. so they were supposed to get bank of america tweeting people

oust here at 5:00 so they're should get cash now. hoping they wail be able to do that before at the brunt of the jamie is outside new york storm hits, get out of here and estimate jamesishing bad get to their destination safely. weather. getting worse? but it is just a ghost town reporter: definitely in the last here. it appears that a lot of the couple hours, much worse. airlines did call people in advance to tell them their look at this picture from space. flights were cancelled or that shows the vastness of this changed, or people actually called ahead, which, as you now, storm. the only thing i can see on that is the thing to do. map is a little piece of back to you. >> christine, thank you very florida. it's big, powerful and moving much. to the home of the grown through here right now. let me give you a bit of an monster, bracing for another monster. a traffic ban in effect right update. as of last night people were already trying to fill up tanks. now at boston as the city braces mostly concern in connecticut for up to 30 inches of snow and about shortages. that would break their all-time one couple, though, that we talked to, is looking on the record to molly in the thick of positive side of being snowed it. in. traffic ban, but as we take that shot, people are still driving. >> we have another vehicle to go and get and we'll gas that one reporter: absolutely. up and then go home and cud this this expressway heading out until and get to know each other of the city. you can see the majority of the again. reporter: that part doesn't sound so bad. traffic heading away from the meantime, there's many airlines have cancelled flights. city. that traffic ban is in place right now after 4:00. the three major new york city airports in logan will close. that's when the for said it would hit. all the nonessential employees already over 4,000 flights across the state. cancelled. we don't know what the impact

anyone not involved as a first could be over the next couple of responsibler or snow plow or days. when it comes to the rails, someone with major storm business that, they're supposed amtrak shutting done the to be off the road. northeast corridor, earlier this drivers, you face a fine up to a afternoon, basically it's the roads that are the concern, and 5 hundred, and we'll see if that power outages. if you don't have what you needed, don't get it. that's the warning from officials who of course are gets enforced. the goal is to keep people off the roads and prevent any still marting from the reaction they had to superstorm sandy, accidents, any continued dangers. they want the first responders not to running around handling the long island power authority accidents but to be available has turned over supervision of this disaster or potential for emergencies across the disaster based on this being a state. it's a tough situation. blizzard warning, to national we listened to the governor grid, which is another power today and also listened to the company that provides service. mayor who is asking people to stay off the streets. take a listen. in addition, bank of america -- >> our public works crews are sometimes things we don't think out now. we have a 34,000 tons of salt, about, like charging our phones before the power goes out, or this tweet from bank of america that said, make a trip to the over 600 pieces of equipment atm for cash, fill up your gas ready to be deployed throughout tank and cubboards, charge your the storm. cell phone and at this point reporter: the first responder since my mouth is feeing and i and screws know plows that need can no longer speak well, back the space and room and that's

why the governor and mayor asking people to day inside and to you. stay off the road. a sir serious storm moving the t, the transit system, shut through. new york now declaring a state down at 3:30. of emergency. that's when the last trains were >> all right, go home, cuddle leaving. and that's one of the things they're ask people to do, stay up. this just in merely 4400 flights put, stay off the roads. now cancelled today and saturday that's the major thing here today. as this blizzard creates a tomorrow when people wake up, people want to get out and see travel nightmare nationwide. on the phone with me now, dan this beautiful sunshine when it finally appears. check out the big snowfall. baker from flight aware. the number keeps risingy. they're asking people to be does this top out? careful because you don't know are we talking five, six, ten whats under the snow could be a thousand flights canceled? lot of power outages and downed wires because we're expecting up >> at this point, you would want to be if you were in their to hurricane force wind gusts, shoes. they're hoping they can cancel so dangerous situation for all the flyings this afternoon, this evening, and tomorrow utilities. morning in the new york metro >> stay safe. and stay warm. thank you, molly in boston. area and in boston, new england, and they're really hoping they >> 50 million people could be can get operations going again impacted. 50 million people. could be impacted as these two mid-day tomorrow. only time will tell if that's storms on the east coast going to pan out. but it would work out well for collide. jill says this could be the everyone because saturday is start of, oh, great, three to traditionally a very light travel day. four more weeks of storms, so, if the mta can get transit sieges, he calls it. he joins us by phone. going again, the airways can joe, what's the storm siege?

>> a siege is where you get one after another. clear. what is happening is first of they can get people where they need to go before the week kicks all, tell molly, what's going to off again on sunday for the be under the snow. travel rush for monday. the ground hog is going to be >> we should point out. this won't only affect people in buried by the snow in new england. that will keep that fur bearing the northeast. this affect plane goes together houston or california, and then critter. how dare he come in on my you have a flight from houston weather gig. i can't believe it. to california that's may be but what is happening is we're cancelled as well. getting to the situation where a >> fortunately the airlines can very, very active southern branch of the jet stream, this get ahead of the ripple effect. case off the pacific. so they were getting planes out so from california to the cares you're going to see a lot of of the new york area this afternoon and trying to minimize systems rolling roos, and the impact. there's -- rolling across and a there will be routing delays as lot of cold air in the united planes don't want to fly through states for the next two or three that area, but then there's a lot of folks ex-particularly, weeks. viewers in texas have been that were bending to fly through celebrating how warm it, get ready, it would not surprise me the new york area, today or if it snows in dallas and tomorrow, between europe and oklahoma city in the next week other parts of the u.s., that or ten days. a week from today we may be are trying to grab those last watching another big storm remaining seats on maybe nonstop coming out of the southern plains towards the northeast flights to houston or dallas. part of the united states. >> as always, call ahead, make now, this is part of the same sure you call before you even kind of situation -- it's not try to get to these airports. have to leave it there, mr. dan the el niño but there's been a

baker. thank you very much. lot of warm. all right. that will do it for me. we saw this in the other 1950s neil is back on monday. remember to catch me and the and it's natural and whole cost of freedom crew at a special time tomorrow, cyclical,ing in mystical about 2:00 p.m., to 4:00 p.m. eastern it. when you get situations where time. make sure you set the dvr right people say it used to snow in now. the good old days? it's a good one. we're going back there. see you in about three minutes. >> i'm glad you brought that up. i'm going to take this off, get i don't recall these colliding the other microphone on and see storm systems that we have right you on the five. don't change the channel. now, but you say it's all normal have feat weekend. and natural. periods of this. hi. hi. >> when big storms come along and three days before you didn't hear anything talking about it. my gig is not really being on tv. it's actually forecasting for energy companies and for the snow industry. if you looked at the forecast earlier in the week, the u.s. generates computer models, and they didn't see this until wednesday.

and people say how is this happening? his colliding with this, and any big storm you have to have a fight. you have to have a warm source i'm here to pick up some cacti. of air and a cold source of air it should be under stephens. the verizon share everything plan for small business. so that central branch of the get a shareable pool of data... jet stream is meeting up with got enough joshua trees? ... on up to 25 devices. the gulf stream off the gulf of so you can spend less time... yea, the golden barrels... managing wireless costs and technology mexico. this is line the lindsey storm and more time driving your business potential. looks like we're going to need to order more agaves... in 1969, what happened was the ah! oh! ow! ... and more bandages. mayor was vacationing in the that's powerful. bahamass and there was 20 inches sharble data plus unlimited talk and text. of snow? new york city and didn't plow now save $50 on a droid razr maxx hd by motorola. scenes for a -- plow queens for . a week. and it's the same situation. a storm coming from the country, another storm in the carolina coastline, bang, know? new york city. the wind has turn to northeast in new york and now it's changed back to snow. so it's all snow the rest of the way in. the tricky part, as rick was

talking about, the heaviest precipitation may be just east and north of the city. so from bridgeport to boston is this going to shut everything down. >> joe, we threw the live shot of boston in the background while you were talking as a no-drive warning alert for the stiff of boston. people are still driving. joe, punxsutawney phil called and said he's been doing it longer than you have, my friends got to go. this is such a big storm, it's pushing back the best business block on tv, so if you see a lot of these pictures tomorrow morning instead of the cost of freedom, don't worry, you can catch it as a special time, 2 to 4:00 p.m. eastern and set your dvrs and make sure you don't miss it. from whiteouts to red tape to sandy victims. so mad at the government red tape she wrapped her house in it. and now that he is on his way out, did we just hear the transportation secretary call all that stimulus a waste of

time? hi. hi. i'm here to pick up some cacti.

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>> what did you just say, ray? after four years on the job and more than 300 billion taxpayer dollars for transportation projects, ray la hood pushing to spend even more cash on what he calls a bold plan to fix america's roads and he says you'll be on board. >> i tone think you'd be turning off people in america because they know america is one big pothole right now. >> why didn't we fill the potholes instead of spending stimulus money on things like the ramps to nowhere. you've got to be kidding me. e-mail us or tweet us at team

cavuto. >> meanwhile, to virginia and a bat over the governor's transportation plan there. it would eliminate the gas tax and replace it with a small hike in state sales tax. the republican governor on where things stan right now. governor, thank you for joining us. >> thank you, sir. >> you want to raise the state sales tax but eliminate the gas tax. give us the numbers. >> well, we do have a problem with infrastructure in america. you heard the secretary's comments and you're right. only 6% of the stimulus money was spent on infrastructure, and the rest was spent on things that didn't help much. so we have a problem and it's the gasoline tax on a state of decline because of inflation, alternative fuels and cafe standards and so forth, and we have the most congested area in america, northern virginia. so we're trying to build infrastructure. the gas tax is going to keep declining so we're suggesting let's get rid of and it replace it with a sales tax that froze

with the economy. >> let's tell the viewers the numbers. the virginia gas tax is 17-1/2 cents per gallon. nationwide it's 18.4. you're saying eliminate the 17-1/2 sentences per gallon state sales tax and add .08% on sales of everything. is that right? >> that's right. what happens is we're not the lowest gas prices in the country, everybody is going to want to buy gas in virginia and we replace it on a revenue neutral basis. a hike in sales tax -- and the sales grows because of economic growth and the gas tax goes down. we're also doing other things. using general fun, couple other things, small increase in the registration fee. all together, $800 million a year which will go a long way to fixing our infrastructure and it's quality of life, family

time, job creation. >> governor, there are a out love us saying, aren't we raising taxes? aren't you raising taxes by taking away one tax but giving the people of virginia another tax that over the course of time will probably cost them more now. >> well, i'm saying it's not. it's a revenue neutral conversion. everybody knows the gas tax is a long-term decline, and isn't going to be sufficient, and replacing it on a revenue neutral basis today with a different type of tack that grows not because it's a tax increase but because it's economic growth. that's going to grow at 4 or 5% a year. so it's the right change. a lot of us governors around the country are looking at tax reform, tax changes to update us to the modern economy, but we're using a huge chunk of general funds, which means we are cutting spending in other areas to free up the priority of transportation, and i think that's a conservative approach. >> governor, turn the page a little bit here. you delivered a state of the union response at one opinion. senator marco rubio will be

delivering the next one. both in spanish and english. what do you think? give us some thoughts on that new turn of events. >> well, marco is a great choice. one of most refreshing, positive speakers in the country. you're never going to compete with the president of the united states. who speaks for an hour and ten minutes when you have ten minutes to give a response. you're he's speaking to the well of the husband and you're looking at a camera. so make sure you're a happy, positive conservative because you want to attract people the team. two, spell out in simple terms why our idea works and lib rappism fails, and explain why these ideas will translate into results that will make the quality of life better for all americans. if he can do that in ten minutes, especially with the middle class, it will be a good night. >> somebody said, marco rubio,

he speaks conservativism as a first lange. >> our ideas work, and there's don't, and it's obvious when you're 16 trillion in debt and unemployment rate near 8% this, president's idea haven't, and the republican ideas that marco rubio trumpets better than anything, i think do work and can explain it well. and it's a good choice with him. >> thank you for joining us, sir. have a great weekend. >> okay. thanks, sir. all eyes on the blizzard bearing down some 50 million people in its path, including hurricane sandy victims. remember when president obama promised those sandy victims this? >> we don't have any patience for bureaucracy. we don't have any patience for red tape. >> why is one hurricane sandy victim doing this? you're about to find out because she is here next.

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we're keeping a close eye on the blizzard, whipping up trouble across the northeast, and the timing couldn't be worse for many victims of hurricane sandy still trying to rebuild. check this out. sandy victim so fed up with fema and red tape, she wrapped her house in red tape and posted signs writtenning the government for its response. remember when president obama said this. >> we're not going to tolerate red tape and bureaucracy. >> no bureaucracy, no red tape. >> we don't have any patient for bureaucracy. we don't have any patience for red tape, and we want to make sure we're figuring out a way to get to yes as opposed to no.

>> been hearing a lot of nos lately. sam, show the pictures of your house. you did this in direct response to president obama? >> yes. he went on television before the storm was even over, saying how it was a very dangerous storm, but the aid and the resources needed to get the people, there would be no red tape. they would cut through the bureaucracy, and he lied to us. >> what are the issues? has anyone told you when you're going to see aid or financial help? >> we're not looking for aid or financial help. we're looking for what we paid for. we paid for flood policies that basically don't exist. we paid money year after year, and the insurance companies are telling us, well, it doesn't work that way. >> tell us about that. you paid your flood insurance, paid your bill every year. >> every year. >> didn't default, paid your bills. why are the saying you don't deserve whatever -- to be made hole? >> that's their whole idea.

the whole idea is we're going to make you whole. their idea is if you had four feet or five feet in of water in your house, we're going to cut away what got ruined and make you hole again but our house and many houses in my neighborhood have been deemed up inhabitable and we need to raise the house above the flood plain and rebuild and it we can't do that with the insurance companies are giving us. the other neighbors are just as angry, just as upset, tired. people want to come home. they can't come home. they don't have the money to come home because there are delays between the insurance companies, between fema, between mortgage companies. people trying to get checks from their mortgage companies. nobody is communicating with anyone, and the people who lived in these homes are the ones who are suffering. >> has anyone taken up the cause and put red tape on their homes? >> yeah. i've been driving around the neighborhood and asking people

on facebook and through feigns to put red ribbons -- i don't care if people put on red shoelaces. >> can we roll a sound bite of mayor bloomberg? i want your response. >> we expect that most of niece programs will be underway by at it april or early may. >> wore not just going to send out checks. well make sure everything is well-documented, that people qualify for the loans. it will take at bit of time. >> what do you want to say the mayor? >> he is talking loans and grants. we're talking money we paid, high premiums that people in my neighborhood have paid for years and years, and they want a return on their payments. if you pay car insurance you get into a car accident, your expectation is that your car is going to be repaired. if your car is totaled, your expectation is you're going to get a new car. if your house is totaledow the expectation you'll belt the funding to build a new hose, and by funding i mean the premiums we paid.

>> thank you very much. >> thank you. >> coming up, police scouring california mountains for an ex-police officer accused of killing three. the latest on the massive manhunt. and huckabee on benghazi, now going straight to the top. >> are you surprised that the president of the united states never called you, secretary panetta, and says, how is it going?

>> to california where a massive manhunt continues for an ex-los angeles police officer accused of killing three people. we're in big bear lake with the latest. reporter: conditions worsening here. the weather just really piling it on. the snow keeps coming down. they're expecting eight inches and it's well over that. this drift is nearly 12 inches deep and it's really heavy going for the authorities as they continue to hunt down their suspect, who has already killed -- they believe already killed one cop, and injured two others, and killed two other innocent people, and the real problem here is not just the weather, but also just the mountainous terrain over which the teams that are being brought in actually have to deal with. this is -- earlier on we spoke to the sheriff and the described the territory we're in and exactly how the search is going underway. take a listen.

>> about eight square miles is what we're searching. about 200 empty cab bens we're -- cabins we're checking, using the s.w.a.t. guys, the snow cats and atvs with chains to get to those areas. we're methodically searching each building. reporter: and the search for chris dorner continues. no idea whether he really is still on the mountain or indeed when they may find him but the authorities saying they are not going to give up until they know one or do the other. that is, find him. >> the president and outgoing defense secretary leon panetta together again today. what about when this was happening? we got our answer yesterday. >> are you prized that the president of the united states never called you, secretary panetta, and said, how is it going? >> you know, normally in these

situations, d. >> did he know the level of threat? >> let me finish the answer. we were deploying the forces. he knew we were deploying the forces. he was -- >> i hate to interrupt you. we didn't deploy any forces, did you -- >> the event was over by the time -- >> mr. secretary, you didn't know how long the attack would last. did you ever call him and say, mr. president, it looks like we don't have anything to get there anytime soon? >> the event was over before -- >> is lasted almost eight hours. my question to you is, during that eight hour period, did the president show any curiosity about, hough is this going, what kind of assets do you have helping these people? did he ever make that phone call? >> there is no question in my mind president of the united states was concerned about american lives. >> well, all due respect i don't believe that's a credible statement if he never called and

asked you are we helping these people? >> so mike huckabee on how he thinks the president handled this one. >> remember the ad in the 2008 campaign, the phone rings at the white house at 3:00 in the morning. well, the phone rang, and it rang and rang and nobody answered. this is an outrageous dereliction of duty on the part of the president. who was it that made the decision you don't engage, the president and the secretary of state? because martin dempsey affirmed that neither was she involved in conversations. the president negotiation, decided he needed a good night's sleep because he was going to vegas the next day for a fundraiser. the track is this eight-hour attack taking place in benghazi, and we're just now, five months after the event, just finding out the reason we never got a photograph is because there wasn't one of him on the phone. he wasn't on the phone. >> surprised to hear him say there was juan phone call made

and he wasn't sure when or how long it lasted, and the one to secretary of state hillary clinton as well. shocking. >> it is shocking and it ought to continue to get a lot of attention on capitol hill, and to me it's a great indication of why democrats and republicans alike ought to be outraged and questions need to be asked. >> one other question to secretary panetta was, how come be didn't send assets? he said it would take 18 hours. well, we had assets in tripoli. should it take 18 hours to get assets from tripoli to benghazi. >> and you can always scramble fighter jets, only if they fly over at 200 feet and scare the daylights out of whoever is attacking. they don't know if they're going to drop bombs or soldiers. there are things that seems to me as a civilian could have been done, should have been done, and would have been done had somebody been paying attention.

>> the white house released a list of sequester scare tactics. a couple of things. 2100 fewer food inspectors. right? inspectors, inspections. 70,000 school kids may be kicked off of head start. 10,000 teacher jobs at risk. four million meals on wheels for seniors. boy, that sounds scary. >> you know what? it's a great opportunity to remind people that the president has refused to show the leadership necessary to bring members of the house and the senate together. hadn't been a budget since the 2nd of april 2009, since harry reid wouldn't put one on the floor you. can't blame the republicans for this. democrats own two pieces of three that make government work. the republicans happen consistently passed budgets, attempted to put things before the president and before the senate. harry reid won't bring it up and the president has time to do is go out and blame republicans for what's wrong this. may happen. it will hurt a lot of people.

about it doesn't have to. if the president would step up and be. >> what's up on the show tomorrow? we're going to talk about cyberhacking and it's affecting a lot of people. george bush, he gate code was hacked into. this is a serious issue for america. we have a lot more, but, by the way, sissy houston, whitney's mother will be on as well. >> from benghazi to the border, a new survey showing 40% of americans consider illegal immigration a major cause of unemployment. this is the white house and a group of senators push to legalize as many as 11 million illegal immigrants. bad timing? byron says, out of touch. >> there's a new report from rutgers university and really shows that the effects of the recession are deeper and more wide-ranging than we thought. for example, unemployment rates,

7.9%. they found out that 23% of americans had lost a job sometime in the last four years, another 11% had somebody living in their house who lost a job. that's more than a third of americans who have lost a job in the last four years. when they asked, what do you blame for unemployment? the number one blame was cheap labor in foreign countries, and the second one was, illegal immigration taking american jobs. >> byron a lot of people say that illegal immigrants take the jobs that legal americans wouldn't take or don't want because they're in not high-paying enough. what say you? >> well, that is certainly an issue, and i have had republicans from border states say, look, go to a chicken processing factory, you're not going to fine a lot of 0 native born americans working. you're not going to hear a lot of english spoken. but there's no doubt that the presence of large numbers of low-skilled immigrants does tend

to depress wages on the lower end of the scale, and there's a debate going on right now among republicans in the senate over that very issue, as the senate begins to think about putting together a bill based on this gang of eight's proposal, and you have one group of senators saying, we have to address this problem, and another group of senators saying, look, this depresses wages, we shouldn't do it. >> byron, thank you very much, sir. have a good weekend and be careful. >> thank you, eric. >> now mexico is trying to get in on america's immigration reform. it should even have a say? that debate tonight at 8:00 p.m. eastern. forget working nine to five. feel like you're answering work calls and e-mails around the clock? it's the reason some chicago cops say they deserve overtime and now they're suing for it do they have a case? ♪ it's been a hard day's knight

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>> a fox news health new york governor andrew cuomo announcing a state of emergency. forecasters warning of blizzard conditions tonight. new york city expected to get up to 14-inches of snow. as much as two feet in other parts of the state. >> anything from miami to new york. >> i'm trying to get a flight for tonight for miami. >> does that look a little too familiar, answering work calls and e-mail when you're technically off the clock? that's why a police sergeant says the city owes him and other

officers overtime pay. does he have a case? attorneys try this. vicki, you're up first. you're in the hot seat. give them overtime for texting. >> listen. first of all, we all know that people are working out of their work place, off duty, at their homes, looking at their black berry's all the time. we all do you wake up at 4:00 in the morning ander you he can checking it. is it within your job description to do that after hours? that's the question. what is in your job description and what it considered over? that's they distinction. as to whether or not this sergeant and 200 others -- there's a class action suit -- the u.s. national industry says the plaintiffs have merit and they're going forward. >> it could have been -- >> okay, look. i agree. we are all on our blackberry and working 24/7 but we don't have to. and if you do more than what is

call de minimis -- do you like that big word? more than a little, then you can apply for overtime, and chicago police say if it's more than at bit you can apply. >> sounds like the unions are going to get involved in this and say if it happens in chicago, it's gel to happen in pilly, l.a., and everywhere else. maybe not just cops. >> going to open up a pan door's -- pandora's box, and i can't see anybody not doing it. people who are workaholics, we're working constantly. that question is, you can't say there's a policy in police and overtime should be requested. they're discouraging the allegations. they saying they're put -- told not to mutt inover time. >> then just turn off the blackberry. >> people can be fired if they're not doing more thon the other person. >> they haven't been able to prove that. second of all there is a way to

get away from it and that is to turn off your blackber rhythm eric, your eyes are rolling. >> i have a blackberry and an iphone. >> all of us together have -- >> salaried employees and part of their salary is to do this job and part of the job may be being on the blackberry in times when you're not quote-unquote on the lock. should that be a federal lawsuit? >> sounds like most people who work for private companies, i work hard, so the phone rings or i have to send an e-mail or text, fine. sounds like the unions are going to hold people's feet to the